I propose to take Questions Nos. 466 and 469 together.
The Central Statistics Office, which has responsibility for the collection and dissemination of information relating to economic, social and general activities and conditions in the State, does not collect data on zero-hours contracts. Accordingly, it is not possible to provide a comparison of the number of persons with zero-hours contracts in 2014 vis-à-vis the number of persons with zero-hours contracts in 2010.
Zero-hours contracts are covered by contract law. I note that these contracts must be entered into freely by the employer and the employee – one cannot be forced upon an employee. Zero-hours contracts are normally found in sectors such as retail, health care and hospitality. In certain circumstances, they may be of great benefit to both employers and employees. Such contracts may be preferred by employees who require flexibility to facilitate educational or other personal requirements, and banning such contracts could do a disservice to these workers.
It is important to note that section 18 of the Organisation of Working Time Act 1997 contains a specific protection for employees who are employed on zero-hours contracts. The zero-hours protection applies to all employees whose contract operates to require them to be available whether they work on a casual basis or not. It covers situations where, for example, an employee is sent home if things are quiet or is requested to be available for work and is not, on the day, asked to work. Where an employee suffers a loss by not working hours he/she was requested to work or to be available to work, the zero-hours provisions of the Act ensure that he/she is compensated for 25% of the time which he/she is required to be available, or 15 hours, whichever is the lesser. The level of compensation may be impacted if the employee got some work. Claims of breaches of section 18 may be referred to a Rights Commissioner.
An expectation of work does not, however, entitle an employee to compensation. The zero-hours provision does not apply to lay-offs, short-time, emergency or exceptional circumstances, employee illness, employee on-call or where the employee is paid wages for making him/herself available for work.
Sections 17 and 19 of the Organisation of Working Time Act may also be of particular interest to employees on zero-hour contracts. Section 17 sets out the requirements regarding notification to the employee of the times at which he/she will be required to work during the week, and Section 19 sets out an employee’s entitlement to paid annual leave calculated based on hours worked.
However, this is an area I will keep under review.
